How do I change my son's last name to mine since his mother was married when he was born?
Full Question:
Answer:
A parent may file a petition to change the name of a minor. The process for obtaining a name change in the State of New Jersey begins with the filing of a verified complaint with the Superior Court in the jurisdiction in which the child resides. The complaint states the Petitioner's name, the name the Plaintiff wishes to adopt, the reasons for the requested change of name, that the application is not made with the intent to avoid creditors or to obstruct criminal prosecution or for other fraudulent purposes, whether the child has ever been convicted of a crime and if so, the nature of the crime and the sentence imposed, and whether any criminal charges are pending against the child. Notice must be served on the other parent, who may appear at the hearing and object to the name change. The documents must be sent to the other parent’s last known address 20 days or more before the hearing date. The documents should be sent by certified mail, return receipt requested. This requirement gives the other parent an opportunity to file objections to a request to change the child’s name if he or she feels that to do so would not be good for the child. If your child has ever been convicted of a crime or has criminal charges pending against him or her, you must also send a copy of each of the required documents to the prosecutor in the county where your child was convicted or has criminal charges pending against him or her.
It will be a subjective matter for the court to decide whether there is a reasonable objection to the name change. The court must believe you are not asking to change your name or your minor child’s name to avoid creditors, obstruct criminal prosecution, or to perpetrate a criminal or civil fraud. If the other parent objects, you must provide evidence that shows the judge that the requested name change is in the child’s best interests. To determine whether a name change is in a child’s best interests, the court examines several factors, including the length of time that the child has used his or her current name; the child’s identification as part of a family unit; the potential anxiety, embarrassment, or discomfort that the child might experience if the child has a surname different from that of the custodial parent; and, if the child is old enough to express it, the child’s preference.
The court will order a date for a hearing not less than 30 days after the date of the order. Notice of the petition must then be published in a newspaper of general circulation in the county of plaintiff's residence once, at least 2 weeks before the date of the hearing. If the court orders a name change, the court order for a name change may be used to correct the birth certificate.